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ARTICLE · 20 NOVEMBER 2012

Bullying And Harassment Online

Social media can be good forbusiness, but dangerous when misused.

United StatesEmployment and HR

Social media can be good for business, but dangerous when misused. Employers are learning to tighten acceptable use policies and set standards for emails and professional social networking but there will always be difficulties applying company rules to employees' personal lives and online behaviour. The growth of bring-your-own-device ("BYOD") adds another layer of complexity to the ongoing privacy debate. How far can, or should, an employer seek to control errant employees?

Individuals and their employers may be sued for discrimination (for example on the grounds of sex, race or age) or harassment as a result of inappropriate or illegal content posted online.

To reduce this risk, employees must be aware of (and trained on) the policies and understand the possible consequences of breaching them, (discipline and possible dismissal). For example, in the case of Gosden v Lifeline Project Limited last year, an Employment Tribunal dismissed an employee's claim of

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